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High Court Of ChhattisgarhWPC/464/2015disposed off

Ashraf Khan v. State Of Chhattisgarh And ORS.

2015-10-16Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 464 of 2015 Ashraf Khan S/o Shri Saeed Khan Aged About 29 Years R/o Maudhapara, Raipur Civiil & Revenue District Raipur ( C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Revenue Mahanadi Bhawan, Mantralaya Naya Raipur ( C.G.)

2. The Collector Raipur, District Raipur ( C.G.)

3. The Sub Divisional Officer Cum Land Acquisition Officer, Raipur, ( C.G.)

4. Chhattisgarh Housing Board, Through Its Executive Engineer, Division -1, Raipur ( C.G.) ---- Respondents Shri B.P.Sharma, counsel for the petitioner/s. Shri Satish Gupta, Govt. Adv. for the State / respondents 1 to 3. Shri Raghvendra Verma, counsel for respondent No.4. SB :

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/10/2015 The petitioner has filed this petition for a limited prayer for direction to the respondent authorities to conclude the land acquisition proceedings as early as possible as the same is pending since 18/03/2011. It has also been prayed that the respondents be directed to conclude the proceedings by applying the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ' the Act of 2013'). There is also a prayer to direct respondent No.4 / Board to deposit the amount of compensation as per the provisions of the Act of 2013. 2.

Return of the State has not been filed. Return of respondent No.4 has been filed.

3.

At this stage, when the proceedings are still pending, there is no need to go into the issue of payment of compensation except directing the Land Acquisition Authorities to act in accordance with law applicable in the matter of Land Acquisition Proceedings pursuant to notification issued under Section 4 (1) of the Land Acquisition Act, 1894.

All endeavor shall be made to conclude the proceedings at the earliest. If the proceedings are not concluded in six months, the petitioner would be at liberty to revive the petition.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti